What is a Personal Injury Lawsuit?
If you have been injured due to another's actions or inactions, you could be able to recover compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil action where the plaintiff is seeking money to cover their losses, including medical bills, lost wages, property damage, and other costs. The process can last between a few months and several years.
Damages
A personal injury lawsuit is an action to force another person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the victim and the defendants are the parties accountable. If someone dies as a result of the carelessness or infractions committed by others, wrongful death cases can be included in personal injury lawsuits.
Damages are typically classified into two categories: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are very rare and are intended to punish the offender if they have committed extreme acts.
This category covers all costs caused by the injury or accident. These may include hospital expenses, doctor's fees and physical therapy costs. In certain cases, additional expenses like the cost of travelling to and from appointments, or changes to your home to accommodate permanent disabilities may be included in a claim.
Non-economic damage can also be called "pain and suffer" damages. These damages are more difficult to quantify and include the emotional distress and mental anguish caused by accidents. Depending on the severity of your injuries, your lawyer will help you place a value on the damages. This might be based on the ability to continue enjoying the activities you previously enjoyed or your loss of consortium with family members.
Statute of limitations
A legal principle known as the statute of limitation requires that anyone who is injured in an accident file a lawsuit before a certain date or else their claim will be dismissed. This is to protect evidence from being lost or forgotten, and to prevent people from dragging out litigation relating to incidents for an indefinite period.
The exact length of time for filing a claim is different between states, but personal injury claims typically have a two- to four-year time limit. However, there are exceptions that can extend the time a victim has to file their claim and they should seek legal advice when to determine if their case falls into one of these exceptions.
The statute of limitations applies only to lawsuits filed in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. But, it's important to allow yourself plenty of time to pursue legal action in the event that negotiations fail to take place as planned or if there is a problem that cannot be easily addressed through the insurance system.
Certain circumstances may stop the clock on the statute of limitations, however they are not common and have to be considered on a case-by case basis. The statute of limitations may not start until the person discovers or should have known that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. It claims that the defendant breached the duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant should be held liable for those damages.
The first document filed in a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that led to your injuries. It also lists the damages you are seeking. The complaint also contains an "prayer of relief" which describes what you want the court to do. The summons and complaint must be delivered to the defendant.
After the complaint is filed, the defendant is required to respond to the complaint within a specified time period, and they will either admit or deny the allegations in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is based on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather will also help us to negotiate with the defense attorneys or insurance companies to obtain the best settlement offer.
Preliminary Conference
In a personal injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.
This can be a long process however, the trial is when you will be able to determine if you'll get the damages you deserve. In a jury trial your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. Rialto injury lawyers will provide evidence to show that their actions were unrelated to the accident. This will prevent them from paying you for your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is the first time your case will be subject to deadlines imposed by a court. It is also the time that your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar or a member of the court's staff. Unless the case is handled under the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to attend in person. If a party is unable to attend in person, the convenor is able to permit them to participate via phone or online. If your case is going to be part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls within one of the three categories - expedited, standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants named in the lawsuit have either twenty or thirty days in which to respond (although this deadline may be extended if the court gives approval). When the Answer is filed, the case enters what is known as the discovery phase. During this stage the parties exchange information through written discovery demands and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document outlines legal claims and the relief sought - usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial.
Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, a court will only accept the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court found that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike out the reference to willful or deliberate actions in a medical malpractice case.
The court will also not allow a new doctrine to be introduced at any point in the case that is unreasonable late. To avoid prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit that provides an acceptable explanation for the lateness of the amendment.
Physical Exam
When a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) Your first reaction may be to question the reason why a doctor who does not know you or your medical history and the particulars of your incident is asked to conduct an exam. But, this type of examination is actually a requirement under Washington law, and could be beneficial to your case.
IMEs are typically performed by doctors who are employed by the insurance company of the defendant. Their aim is to provide an alternative view of your injuries. While they are sometimes referred to as "independent," these physicians as well as insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that may be given to a victim of injury.
If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are well-informed about what to expect. They will provide the complete set of medical records for the doctor to examine. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is essential to not play with the severity of your injuries to the doctors, since they are trained to spot dishonesty and may utilize this information against you at trial.